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Posted by: Tanja Trezise on Jun 27, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Patrick Dollar, Medina, Tennessee (at trial); and J. Daniel Rogers, Medina, Tennessee (on appeal), for the appellant, Michael Allen Gibbs.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General; Garry G. Brown, District Attorney General; and Jerald M. Campbell and Edward Larry Hardister, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Michael Allen Gibbs, was convicted by a Haywood County jury of first degree felony murder, especially aggravated burglary, and attempted especially aggravated robbery. On appeal, the Defendant argues that the trial court erred by failing to give a jury instruction on accomplice testimony. Following our review of the record and the applicable authorities, we conclude that the trial court should have instructed the jury with respect to the legal status of the State’s witness but that the error was harmless. However, because the Defendant’s conviction for especially aggravated burglary is precluded by statute, that conviction is modified to one for aggravated burglary with imposition of a five-year sentence. We affirm the judgments of the trial court in all other respects.